What Is A Reasonable Distance To Be Offered An Alternative Job Due To Redundancy?

[Pragmatist]

My husband's company is 'downsizing'.... No they are not! They are making 75% of the staff in the branch north of London who receive weighting and moving the work north to a branch 131 miles away - who do not! I cannot find a legal definition of what is a reasonable distance to reasonably refuse alternative employment..... Has anyone experience of this or knowledge? He on a personal level has just taken on a new mortgage which shows how fast this company is screwing everybody! Any help / advice would be appreciated.... Thank you!

[bednobs]

when i was in a redundancy situation, we were told that a driving time of half an hour ws reasonable

[Islay]

Within the civil service it varied depending on transport links. So it is unfair to put an hour down for example you could live in Southend and it would take you an hour to get to work - that is not unreasonable. But I knew people who used to live in Market Harborough and it would take them 90 minutes to travel and they did not think that was unreasonable.

Moving out of London may have more to do with costs of rent and taxes than paying staff the London weighting.

[atalanta]

I was in exactly this situation once - but the other way round. The company wanted us all to move from a cheap residential area to London. They offered outer-London weighting, and a very little help with extra mortgage costs, but they knew ( and clearly intended) that only the young, single people would be able to move. People with family ties, children in school, etc were obviously not going to be able to up-sticks and move. So we were declared to have made ourselves redundant if we couldn't accept the offer.
Eventually, though, they did have to shell out full redundancy money, though even then we were tied to staying until the very last day . Anyone who left before the last day had their redundancy money reduced proportionately, so only those who managed to find new jobs quickly could afford to go early.

[EDDIE51]

131 miles would not be 'reasonable' I am sure of that. At least 2 & 1/2 hours travel each way. In view of the travel cost alone it would not be viable.

[Dogsbody2]

You will not find a legal definition because there is none. English law works on a case law basis and it is going to boil down to the reasonableness of the proposed working arrangement.
It seems unclear what you are asking; the company can probably 'get away' (if that's the way to see it) for deciding to move the work to the more northern location, so the work in north London is likely to be demonstrable as diminished. That leads to redundancies, QED.
Then if he is being offered redundancy or the alternative of a job further north, then it seems it is his choice to relocate and travel, if he wants to take it. Otherwise the alternative being offered would seem to be redundancy.
The high risk alternative choice might be to resign and claim constructive dismissal, but I don't recommend it unless he has had someone independently review his chances of success.

No doubt one of the socialist brigade will be along shortly to suggest he should join a Union. Phah.

[Peter Pedant]

goggle UK employment law relocation,

and spend many happy hours reading

https://www.gov.uk/employer-relocation-your-rights

loo;s good

There is a case on reasonablemess and relocation
bank mgr forced commute from Brum to Leeds

the crucial thing is if the contract has a mobility clause

[Old_Geezer]

No expert but past experience suggests you'd need to pay a lawyer to put your case to a tribunal. If you have no union to pay for a test case that may be too big a financial risk. I know I lost out on a redundancy payment because of an uncaring and stubborn company management. I'm sure they knew no one would have the resources to challenge them so could get away with what they wanted.

Sounds like a similar constructive dismissal situation your husband may be facing.

[EDDIE51]

By the way , the cost saving aspect alone is sufficient reason for the company to declare redundancies. They do not need to say they are downsizing.
Are they prepared to offer relocation rather than redundancy?

[ToraToraTora]

there is nothing in law, they can relocate the job to Timbuctoo if they want, it's up to the employee to get there.

[Dogsbody2]

That's a rather black and white statement TTT. I don't agree.

OG: constructive dismissal is initiated by the employee, who must resign first, then put the case he/she has done so because of the contractual behaviour of the employer. I think we agree it is a high-risk strategy as one can end up with no job and no redundancy or compensation payment either. DB2

[granny grump]

I appreciate that you have to work up to the last day but I always thought that they were obliged to give you time off for interviews or look for work if you were being made redundant without it affecting your redundancy payout.

[Old_Geezer]

Which is why you only check the situation whilst still employed, DB2, and only leave once it is clear the company are determined to be unreasonable and refuse to consider redundancy. But it is still the point you reach if the company are forcing folk to move (or whatever unreasonable change they are demanding). The employee is left with no real choice, the system doesn't look after them.

Also if one is not in a union, perhaps because one doesn't exist, then there is no one to help the "small" folk. The "small" folk don't have the spare cash to bring cases to court especially if there is a chance of not winning and they are going to have to reply of what savings they have for the future.

Even with a mobility clause the move has to be reasonable.

[Old_Geezer]

Have just noted that the only reference to redundancy is in the title. Is that on the table as an offer ?

[Dogsbody2]

Quite so. Something I asked around 10pm yesterday.

It isn't`t clear what options are on offer.

[themas]

1. If there is a mobility clause in his employment contract then the employer can enforce it & he won’t get redundancy pay.

2. If there is not a mobility clause it is very unlikely that a move of 131 miles would be seen as reasonable. He should ring the ACAS helpline for detailed advice on what he can do if the employer refuses redundancy.

3. Depending on how many employees are affected there may be consultation provisions in employment law which the employer has to comply with. ACAS can advise.